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2026 Supreme(Online)(Ker) 3029

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
JIHANA C – Appellant
Versus
THE CALICUT TOWN SERVICE CO-OPERATIVE BANK – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MILLU DANDAPANI, SHRI.THOMAS C.ABRAHAM
For the Respondents: SRI. P.A HARISH

JUDGMENT

The 1st petitioner availed credit facilities from the respondent bank. The 2nd petitioner [mother of the 1st petitioner] is a guarantor in respect of the loan. On default being committed, proceedings were initiated against the petitioners under the provisions of the Kerala Co-operative Societies Act , 1969, prompting the petitioners to approach this court by filing the above writ petition.

2. The learned counsel appearing for the petitioners would submit that the petitioners may be allowed to clear the liability in installments.

3. The learned counsel appearing for the respondent bank submits that the petitioners were actually availed two loans and he has no objection in some installaments being granted to the petitioners to clear the liability in respect of both the loans. It is submitted that there has been no remittance towards the loan liability after the loans were availed. He submits that in respect of first loan availed by the petitioners the principal amount was a sum of Rs.2,00,000/- and the total liability as on today is Rs.3,34,683/-. It is submitted that in respect of second loan the principal amount is a sum of Rs.5,00,000/- and the outstanding liability as on

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